18 U.S.C. § 873 - Federal Crime of Blackmail and Extortion
Blackmail and extortion, as outlined in Title 18 U.S.C. 873, are not to be taken lightly. These are serious federal offenses, with blackmail defined as the demand for money or something of value in exchange for not disclosing compromising or damaging information about an individual.
The federal crime of extortion involves using threats or force to obtain something, usually money or property, from another person.
The key elements of the crime of blackmail include intent, a demand for money, property, or anything of value, and a threat to disclose information.
In extortion prosecutions, the perpetrator must intentionally and unlawfully threaten or harm someone with the intent to gain something of value.
Notably, the crucial "something of value" is not confined to money or other tangible goods. Rather, it can include services or actions the victim wouldn't ordinarily perform.
Both blackmail and extortion involve obtaining something of value through coercive means. However, understanding the subtle differences between the two is not just important, but it is crucial for clarity and effective legal practice.
For instance, it's crucial to understand that blackmail involves threats to reveal embarrassing, disgraceful, or damaging information. In contrast, extortion involves using threats of physical harm, damage to property, or legal consequences. These distinctions are not just important, but they are crucial to understand.
18 U.S.C. 873 says, "Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing, shall be fined under this title or imprisoned not more than one year, or both."
The element of intent is paramount when it comes to prosecuting cases of blackmail and extortion under federal law. The prosecution must convincingly demonstrate that the defendant had the intention to commit the crime, whether through a demand or a threat to obtain something of value.
It's important to remember that these are not minor infractions. Blackmail and extortion, as defined under Title 18 U.S.C. 873, are serious offenses under federal law. The role of intent and the evidence required to demonstrate it are crucial in prosecuting cases.
Blackmail and Extortion - Quick Facts
- Blackmail, also known as extortion, is the threat to do something or disclose something that will harm the victim of the threat.
- Blackmail is the illegal conduct of demanding money from someone not to report something, such as potentially embarrassing information or criminal behavior.
- Blackmail typically involves someone knowing a secret about someone else and wanting something to stay quiet about it.
- This threat of potential harm must be done with the intent to obtain something of value, which is often money or some other type of benefit.
- The important distinction for a federal blackmail charge is that the secret at issue relates to the violation of the law.
- If someone knows that someone else committed a crime and offers to stay quiet about it for a sum of money, they committed blackmail.
What Are Related Federal Laws?
Only specific forms of extortion and threats will be prosecuted under federal law rather than state law. These specific forms include threats that cross state lines, threats made using interstate communication methods, or threats that involve federal officials or international persons. Many crimes have both state law and federal law implications.
The federal government would likely only commit to prosecuting someone under 18 U.S.C. 873 if the case involved a significant federal interest. This means the case must cross state lines or otherwise implicate federal law in a way that a state-level prosecution would be inadequate to serve the interests of federal law enforcement.
A common blackmail or extortion case pursued by a federal prosecutor is related to 18 U.S.C. 875 interstate communications involving threats of harm, either economic or physical, that are accomplished by use of wire transmissions, like email, text messages, or other interstate or foreign communications.
This threatened harm could be the victim's reputation or any information that would negatively impact their business. These crimes below cover a wide range of criminal acts and have varying punishments.
18 U.S. Code Chapter 41 - Extortion and Threats has several related federal crimes, such as the following:
- 18 U.S.C. 871 - Threats against President and successors to the Presidency.
- 18 U.S.C. 872 - Extortion by officers or employees of the United States.
- 18 U.S.C. 873 - Blackmail.
- 18 U.S.C. 874 - Kickbacks from public works employees.
- 18 U.S.C. 875 - Interstate communications.
- 18 U.S.C. 876 - Mailing threatening communications.
- 18 U.S.C. 877 - Mailing threatening communications from foreign countries.
- 18 U.S.C. 878 - Threats and extortion against foreign officials, official guests, or internationally protected persons.
- 18 U.S.C. 879 - Threats against former Presidents and certain other persons.
- 18 U.S.C. 880 - Receiving the proceeds of extortion.
What Are the Blackmail Penalties?
18 U.S.C. 873 details the legal penalties for someone who demands or receives money or anything of value made under threats of informing or for not informing, which violates federal laws. Blackmail is a federal misdemeanor charge and carries the following penalties if convicted:
- Up to one year in a federal prison,
- Fines as ordered by the court, or both.
Of all the federal offenses listed in Chapter 41 of Title 18 of the U.S. Code, blackmail has the short possible criminal sentence.
Extortion under 18 U.S.C. 872 for $1,000 or less is the only other charge listed in this chapter, and it carries a maximum sentence of one year in jail and a fine.
Other charges listed in Chapter 41 above have maximums of up to 20 years in prison upon conviction. For example:
- If you are charged with mailing threats of any kind, then you will likely face a 20-year maximum under sections 875, 876, 877, and 878.
- Charges of threats against the president or any former president under Sections 871 and 879 have five-year maximum sentences.
- Sentence alternatives, such as community service, drug treatment, or home confinement, might allow a person to receive a sentence that doesn't include prison time.
Notably, the actual sentence will always depend on the specific factors listed under the United States Sentencing Guidelines and others listed under 18 U.S.C. 3553(a).
A defendant is normally subjected to broad discretion that is afforded to a federal sentencing judge, who will consider the following:
- A defendant's criminal record.
- Mitigating factors related to their character and background.
What Are the Common Legal Defenses?
A federal criminal investigation into 18 U.S.C. 873 blackmail and extortion is typically complex. You will need to retain a federal criminal defense lawyer early in the case to have the best chance of a favorable outcome.
The facts and circumstances of each case will determine what defenses are available. A federal prosecutor must prove that you intentionally sought money or some other item of value to stay quiet about the criminal activity of another. Some of the common defenses include the following:
- Lack of intent. A prosecutor must show that you intended to blackmail the victim. Perhaps the threat was not backed by any real threat of harm.
- Insufficient evidence. Blackmail can occur during a verbal discussion, so there may be a lack of evidence. If there is a lack of physical evidence, such as letters or text messages, this can be grounds for dismissal.
- Not a violation of the law. If the secret in question is not related to the violation of U.S. law, then that can serve as a defense to federal blackmail charges, but you could face charges under state law.
- Duress. Perhaps you were forced into committing the act under the threat of harm.
- Entrapment Perhaps entrapment might apply if law enforcement induced the accused to commit the crime.
Perhaps we can negotiate a pre-indictment resolution with the federal prosecutor, negotiate a plea deal after the criminal filing, or litigate your case in a federal jury trial if necessary.
After reviewing all the details of your blackmail or extortion case, we can help guide you through the process and determine what legal steps we need to take to protect your freedom. Contact our law firm for a free case review. Cron, Israels & Stark is based in Los Angeles, California.
Related Content: